Opinion
February 5, 1993
Appeal from the Supreme Court, Erie County, Wolf, Jr., J.
Present — Callahan, J.P., Green, Lawton, Boehm and Doerr, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Briggs v Consolidated Rail Corp. ( 190 A.D.2d 1047 [decided herewith]).